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21-141 <br />Council Approval 9/13/21 <br />Maintenance Agreement between <br />The City of Tukwila <br />and the <br />Washington State Department of Transportation (GMB 1201) <br />Riverton Creek - SR 599/SR 99 Vicinity <br />This Agreement is made and entered into between the Washington State Department of Transportation, <br />hereinafter "WSDOT," and the City of Tukwila, Washington, hereinafter the "City," collectively the "Parties" and <br />individually the "Party." <br />RECITALS <br />1. The City is constructing the Riverton Creek Flapgate Removal Project, hereinafter the "Project," which <br />includes, but is not limited to, the removal of culverts and flapgates at the confluence of Riverton Creek <br />and the Duwamish River, fish habitat improvements, planting, and associated roadway improvements. <br />2. Some Project construction is taking place in WSDOT limited access right of way pursuant to the terms of <br />GCB 3352, including Amendment No. 1. The City agrees it is responsible for the maintenance of <br />roadway shoulder restoration landscaping and all Large Woody Debris in the Riverton Creek channel, <br />hereinafter "Landscaping," in the Maintenance Area shown in Exhibit A. <br />3. WSDOT and the City wish to define maintenance responsibilities within WSDOT's right of way <br />jurisdiction. <br />NOW THEREFORE, pursuant to RCW 47.28.140, the above recitals that are incorporated herein as if fully set <br />forth below, and in consideration of the terms, conditions, covenants and performances contained herein, and the <br />attached Exhibit A that is incorporated herein by this reference, IT IS MUTUALLY AGREED AS FOLLOWS: <br />1. CITY MAINTENANCE RESPONSIBILITIES <br />1.1 <br />The City, at the City's sole cost and expense, shall maintain and provide all materials and labor associated <br />with the replacement, repair, and any other incidentals for the Landscaping in the Maintenance Area <br />shown in Exhibit A. The City's obligations for Landscaping shall include plant replacement as needed <br />and weed control at least once per year. <br />1.2 The City shall ensure the Landscaping is maintained in a safe and operable condition and prevent <br />premature deterioration. The City shall use best management practices developed as part of the <br />Washington State Aquatic Habitat Guidelines Program (available at <br />https://wdfw.wa.gov/publications/00046) and best management practices developed by the Washington <br />Invasive Species Council (available at https://invasivespecies.wa.gov). <br />1.3 In performing any work covered by this Agreement, the City shall comply with all federal and state <br />nondiscrimination laws, regulations and policies. <br />1.4 Modification, Replacement or Relocation of the Landscaping: <br />1.4.1 If the City, in its sole discretion, determines that it is necessary to replace or modify the <br />Landscaping, the replacement or modification shall require prior written approval of WSDOT. <br />1.4.2 The City agrees to relocate and/or remove the Landscaping within thirty (30) calendar days of <br />receipt of WSDOT's written notice to perform such work in the event a state highway project <br />GMB 1201 Page 1 of 6 <br />